Thursday 28th of May 2020 12:36:00 PM GMT

Judge Ruling Donald Trump Can’t Block Twitter Critic Allows Cyberharrassment

President Donald TrumpPresident Donald Trump
(Last Updated On: December 29, 2018)

In the case of the “Trump Twitter Ruling,” where a Federal judge ruled that public officials could not block followers on Twitter (and presumably other social media platforms), the unpopularity of President Donald Trump is so great, that a case which normally would have went in favor of the defendant, went the way of the plaintiff, and in so doing, provided even more damage to cyberharrassment laws filed by state legislatures. This blog and vlog post is not intended to lay out in detail the legal cases that support this author’s argument, but to give a view that any non-lawyer can understand, and hopefully support.

There are people who establish accounts on social media and Internet platforms, or even whole wesbites, purely for the purpose of causing emotional harm to someone, or even suggesting physical harm to that person.

This has given rise to a number of digital devices, also called coding, that serve to disallow such actions, wherever possible. YouTube has such a system, and due in part to my years of lobbying to stop being called a racial slur by trolls.

In the case of Twitter, we, you and I, can elect to block someone if we feel they are harrassing us in some way.

Indeed, Twitter’s process is such that if I determine something is acting in a way that causes me emotional harm, I can file a report – the automatic default in the process Twitter’s engineers have designed is to block the offending person. This is the system Presidetn Trump and his White House employees used in blocking those would sought legal relieft to make him and his staff unblock them.

In that case, the decision, what’s called a “summary judgment,” holds that the plaintiff’s right to free speech “trumps” the President’s right to block his or her tweets on Twitter. But what the decision does not consider is the room that even what would seem to be the cases most defending “free speech” give to examples where public officials are being, in point of discovered fact, the targets of intent to cause malace. Even in those instances, decisions leading to rulings always take into account the need for protection against intent to do malace.

I propose that a simple evaluation of how the Twitterverse looks at a series of tweets, as well as the reaction of the person targeted, should be the determining factor in whether an applied block was legal, and with more weight given to the person targeted. My statement points to a legal problem that must be resolved. For example, the 1974 Supreme Court case of Gertz v. Robert Welch, Inc. gives states wide latitude in determining the degree to which malace was intended in a written account. The trouble is, Gertz established a high bar for determing what a public official or public figure is, and was argued at a time before the Internet, and the establishment of the legal term of the “limited purpose public figure”.

The “limited purpose public figure” is not a household name, but becomes famous due to a particular issue, like Jennifer Schulte in the Oakland BBQ Incident. Her existence and public opinion were communicated via social media, first. The public has rendered a decision, but even then, there’s no case that fully, beyond a shadow of a doubt, defends anyone’s right to baasically ask her to submit to public views she may not want to here. Free speech is worth defending, but not to the point of deliberately causing harm to the person targeted – that person, whether we like it or not, is entitled to the same constitutional rights of life, liberty, and the pursuit oif happinesss.

It’s for that reason, I believe the Trump Twitter Decision is wrong, and would lose on appeal.

And I’m a Democrat.

Stay tuned.

Oakland News Now @OaklandNewsNow is by Zennie62Media, Inc. with CEO Zenophon Abraham AKA Zennie62 YouTube Partner, Oakland California blogger / vlogger Zennie Abraham @ZennieAbraham . Hire @Zennie62Media, Inc to tell your story.

Zennie62Media uses smartphones enabling our 98-blog network, specially-made blogs, website, social media platforms covering politics, news, sports, and tech, @Oaklandcitynews, Oakland City Council, North Oakland, East Oakland, Montclair, Adams Point, Uptown Oakland food culture, BBQ Becky Dr. Jennifer Schulte , Jogger Joe Henry Sintay, Oakland crime news, Bank of America loans, COVID-19 updates, homeless news, SF Bay Area news, @breakingnewsbayarea, Atlanta news, Chevron Ecuador, Steven Donziger, Fayetteville GA news, @FayettevilleGA Fayette County Georgia, San Francisco news, San Jose news. Also, Academy Awards / The Oscars entertainment,Tom Hanks, Skyline High School, Oakland Sports, Oakland Panthers, Oakland Coliseum, Oakland Arena, Oakland Raiders, Las Vegas Raiders, Las Vegas Stadium Construction, Allegiant Stadium, NBA, NFL, NFL Draft, NFL Combine, CES Las Vegas tech, San Diego Comic Con sci-fi. @GrandLakeTheater @LasVegasHotels

Zennie62Media has content development and online reputation management clients like Insight Terminal Solutions @InsightTerminalSolutions and The Oakland Bulk and Oversized Terminal, with California Capital Investment Group Managing Partner Phillip Phil Tagami @PhilTagami co-developer, @JohnSiegel John Siegel as ITS CEO – exposing coal and Oakland fake news. Zennie62 has helped Maria Ayerdi Kaplan @MariaAyerdiKaplan, developer of Salesforce Transit Center in San Francisco, Kofi Bonner, and Flowsent capture the Oakland Cannabis Delivery Dispensary @OaklandCannabis market with fitness model female bodybuilder Laura Ehlen and weedmaps help. We’ve partnered with CoLoursTV, CNN, YouTube, Google, NBC, Vice, Oakland Post / Post News Group, Landis PR, and other media organizations. Competition: The SF Chronicle, Las Vegas Review Journal, East Bay Express, Oakland Tribune.

Zennie62 interviews celebrities like Lars Frykman, Bill Boyd, Arizona Cardinals QB Kyler Murray, Raiders Owner Mark Davis, Raider Legend Raymond Chester, NY Giants Owner John Mara, @SportsTalk Tony Bruno, Sports Agent Leigh Steinberg, Henry Sintay Oakland’s “Jogger Joe”, Cam Newton, NFL Commissioner Roger Goodell, California Governor Gavin Newsom, Tanis Parenteau, Scott Kidd, Actors Richard Dreyfuss, Lou Ferrigno, Lindsey Vonn hot legs, Blake Neely, SDCC’s David Glanzer, Publicist Edward Lozzi. Topics like Oakland Apartment rents, WordPress, CVS Mail Order and Pharmacy, Kaiser Permanente, Rosa’s Home Cooking Restaurant, The Studio Cafe, @OaklandCityCouncil, Mountain View, CA, London, England, Moscow, Russia, blacks in tech, Tackett Bartlett LLP @TackettBartlettLLP, Jameis Winston, Pinewood Studios Atlanta, Jeff Miller, Joceyln Moore, Derek Carr, Marcus Mariota, Yanqing Ye, UC Berkeley, NFL Owners Meeting, NFL Annual Meeting, Eli Lilly Coronavirus COVID-19 vacine, Summit Bank Oakland, Bank of America.

Also Pat Abraham Yerger, Oakland Mayor Libby Schaaf @LibbySchaaf, Councilmember Nikki Fortunato Bas, Dan Kalb of District 1, Loren Taylor, Lynette Gibson McElhaney, Sheng Thao, Noel Gallo, Robert Bobb, Rebecca Kaplan, Larry Reid, Tech Entrepreneur Sarah Lacy, Personal Trainer Megan Avalon Buffed Barbie, Social Media Pioneer Marc Canter, SF Mayor London Breed, Scott McKibben, CA Assemblymember Buffy Wicks, Schools Superintendent Tony Thurmond, Berkeley Councilmember Ben Bartlett @BenBartlett, Raiders Charles Woodson, 49ers Jerry Rice, Grand Lake Theater Oakland Owner Allan Michaan, Irvine City Manager John Russo, Guy Fieri, Oakland CAO Edward Reiskin, Raiders Coach Jon Gruden Running Back Josh Jacobs, Stanford HC David Shaw, Tri Ngo, Falcons Coach Dan Quinn, Michael Mina, and NFL Draft Mr. Irrelevant Head Melanie Fitch and Paul Satala. Subscribe to Zennie Abraham’s @Zennie62 YouTube Channel, today!

About the Author

Zennie Abraham
Zennie Abraham is the CEO of Zennie62Media

Oakland News Now Recent Blog Posts